Best Criminal Defense Attorneys in Hampton

FAQs

• What is the non-emergency contact number for the local police station in Hampton, Virginia?

  To reach the Hampton Police Department, call (757) 727-6111.

• Where can I get a copy of police reports for incidents related to my case in Hampton, Virginia?

  To obtain a police report from the Hampton Police Department, call (757) 727-6540 to check for its availability. You can also drop by the Public Safety Building - Service Window Lobby of the Records Unit at 40 Lincoln Street. It is open from Monday through Friday, 8 AM to 4 PM. Please be informed that a copy of the police report will only be released to the victim or reporting person only.

• What are some good things to immediately do after getting arrested in Hampton?

  You are going to want to hire a criminal defense attorney in Hampton after getting arrested. Having one fighting for your rights keeps you from further incriminating yourself. Additionally, you'd probably want to know more about what the government has learned about you in terms of evidence. Request a copy of your police report with the help of your attorney.

• How do you get back to owning guns after you've been convicted of a felony in Hampton?

  You will have to file a petition for your gun rights to be restored in Hampton. For you to be eligible, you must:

  • Have been pardoned
  • Have had your political disabilities removed
  • Have been granted the right to possess a firearm by the Circuit Court
  • Have had your political rights restored by the governor of Virginia

• Will a sealed felony charge affect a child custody proceeding in Hampton?

  Yes, it still can. While getting a conviction sealed means that disseminating information about it is now prohibited by law, a court order can still be obtained for some situations such as a child custody proceeding, determining someone's eligibility to own a firearm or serve as a juror, and identifying the credibility of someone testifying in court.

• Is it okay to refuse a breathalyzer test in Hampton?

  This is not okay. In fact, doing this guarantees that you get a civil violation charge called a "Refusal" in addition to a DUI charge if a police officer pulled you over on suspicion of drunk driving. Hampton follows the Implied Consent Law, meaning that any motorist driving down Virginia's highways has legally consented to the testing of their breath or blood to establish the alcohol level in their system.

• Could you be charged with tax fraud over an honest mistake in Hampton?

  Sadly, yes and this means that you could be facing federal charges. It is good to remember that the IRS does not know that you did not intentionally miss filing your taxes. Luckily, an honest mistake like this should be easy to fix, especially with the help of a white-collar criminal defense attorney in Hampton.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.